RAJU LAHRI Vs. STATE OF U.P.

JUDGEMENT

(1.) Accused-Appellant stood for trial in Sessions Trial No. 13 of 2011 (State v. Raju Lahri & Satnami, Case Crime No. 438 of 2010), under Section 302, Police Station Sector-39, NOIDA, Gautam Budha Nagar, pending in the Court of Additional Sessions Judge / Special Judge, SC/ST Court, NOIDA, Gautam Budh Nagar and came to be convicted by the said Court vide judgment and order dated 01.06.2017 and 03.06.2017, sentencing him under Section 302 IPC to undergo imprisonment for life and fine of Rs. 5,000/-. Appellant sought interference of this Court by filing this Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Prosecution story, in brief, as emerged from First Information Report (hereinafter referred to as 'FIR') and factual matrix of the case is that PW-1, Jai Chand, submitted a written report, Ex. Ka-1, in the Police Station Sector 39, NOIDA, Gautam Budh Nagar stating that near Gurukripa Block, Sector 127, some labours of Chattisgarh were residing in hut. Out of whom, one family of Sita Ram was also residing there. His son, Raju accused-appellant, and his concubine wife Smt. Saraswati victim were also residing in a separate hut. There was some quarrel / dispute between them everyday. On the fateful day i.e. 11.07.2010 at about 11:00, in the night, both had taken meal and were present in the hut. When both involved in some domestic issue, accused-appellant, Raju, attacked victim Smt. Saraswati with Hammer and Sickle (darati) with intention to kill her causing serious injuries on the head of victim. On hearing noise, neighbours gathered and tried to capture accused-appellant but he ran away from the spot. People around the seen had witnessed the incident well. Victim died on spot and her body is lying in hut.

(3.) On the basis of written report Ex.Ka-1, chick FIR, Ex.Ka-8 was registered by Constable Balram Singh, as Case Crime No. 438 of 2010 under Section 302 IPC against the accused-appellant. Entry of case was made by PW-5 as HC Satpal Singh in General Diary; copy whereof is Ex. Ka-9.